Tourist court law loses fight in high court

Tourist court
law loses fight
in high court
The Alabama Supreme Court today had knocked the "teeth" out of
the controversial Homewood tourist
court law.
The court issued a decree yester-
day upholding Chancery Judge E.
M. Creel here in suspending en-
forcement of certain provisions of
the Homewood statute, as follows:
1. Requiring operators to lease
cabins or rental units only once
from 9 p.m. to 6 a.m.
2. Requiring tourist courts to
keep a register in the main or cen-
tral office at all times keeping the
name, age and home address of ev-
ery patron occupying a room, in the l
place, rather than to permit them
to register in their cabins.
3. Requiring operators to record
time of departure of guests.
THE RULING WAS handed down
in the case of R. C. Allinder, opera-
tor of Bob's Tourist Court in Home-
wood. Judge Creel had granted Alinder a temporary injunction to
prevent the city of Homewood from
enforcing the above-cited provisions
of the ordinance.
Horace Wilkinson, attorney for
Allinder, said the case now will be
set down for hearing on a perma-
nent injunction before Judge Creel.
* * *
JUDGE CREEL HAD upheld that
section of the ordinance prohibit-
ing illicit relations between unmar-
ried couples. The Supreme Court
affirmed Judge Creel's action on
this point.
Allinder had attacked that section
of the ordinance as discriminatory
'because it applied only to tourist
courts.
Justice A. B. Poster, in his opin-
ion, said "While our statute prohib-
iting adultery or fornification ap-
plies only when there is a living
together, there is no constitutional
reason why the law might not pro-
hibit and make it a crime to have
one such act alone, not in lawful
wedlock:"
In substance, the justice said the
court thought that part of the or-
dinance was unconstitutional dis-
crimination.
"The requirement may be such
as to meet. a situation which has
been found to be more conducive
to immorality than exists in other
places," Justice Foster said. Local
conditions might make it easier to
commit adultery or fornication in
tourist; courts than in hotels, for
example, it was pointed out.
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Tourist court
law loses fight
in high court
The Alabama Supreme Court today had knocked the "teeth" out of
the controversial Homewood tourist
court law.
The court issued a decree yester-
day upholding Chancery Judge E.
M. Creel here in suspending en-
forcement of certain provisions of
the Homewood statute, as follows:
1. Requiring operators to lease
cabins or rental units only once
from 9 p.m. to 6 a.m.
2. Requiring tourist courts to
keep a register in the main or cen-
tral office at all times keeping the
name, age and home address of ev-
ery patron occupying a room, in the l
place, rather than to permit them
to register in their cabins.
3. Requiring operators to record
time of departure of guests.
THE RULING WAS handed down
in the case of R. C. Allinder, opera-
tor of Bob's Tourist Court in Home-
wood. Judge Creel had granted Alinder a temporary injunction to
prevent the city of Homewood from
enforcing the above-cited provisions
of the ordinance.
Horace Wilkinson, attorney for
Allinder, said the case now will be
set down for hearing on a perma-
nent injunction before Judge Creel.
* * *
JUDGE CREEL HAD upheld that
section of the ordinance prohibit-
ing illicit relations between unmar-
ried couples. The Supreme Court
affirmed Judge Creel's action on
this point.
Allinder had attacked that section
of the ordinance as discriminatory
'because it applied only to tourist
courts.
Justice A. B. Poster, in his opin-
ion, said "While our statute prohib-
iting adultery or fornification ap-
plies only when there is a living
together, there is no constitutional
reason why the law might not pro-
hibit and make it a crime to have
one such act alone, not in lawful
wedlock:"
In substance, the justice said the
court thought that part of the or-
dinance was unconstitutional dis-
crimination.
"The requirement may be such
as to meet. a situation which has
been found to be more conducive
to immorality than exists in other
places," Justice Foster said. Local
conditions might make it easier to
commit adultery or fornication in
tourist; courts than in hotels, for
example, it was pointed out.
Turn to Page 2, Column 4